reddy77
07-23 08:25 AM
Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
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sbeyyala
07-17 05:40 PM
I pledge to contribute $200 once I get the receipt notice
thamizhan
07-17 10:15 PM
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
2011 the World#39;s Strongest Man
help43
09-11 05:03 PM
i am applying for H1-B amendment before going to the stamping
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
more...
dummgelauft
10-05 01:36 AM
:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
satyasrd
08-26 10:32 AM
Hi,
Can someone please clarify my question above ? I am interested to find out how a future conversion from EB3 to EB2 (with the same company) is possible ?
Thank you!
Can someone please clarify my question above ? I am interested to find out how a future conversion from EB3 to EB2 (with the same company) is possible ?
Thank you!
more...
arnet
07-12 02:19 PM
it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?
good luck.....
good luck.....
2010 the World#39;s Strongest Man
h1techSlave
04-15 09:39 AM
There is already one for this.
CAn some one create survey for this?
CAn some one create survey for this?
more...
TigerAmit
09-23 05:32 PM
Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
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vactorboy29
02-24 03:24 PM
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.
With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.
more...
gc_lover
11-20 07:36 AM
I went to court in NJ to pay fine and get rid of points for red-light ticket. I reached there by 5 PM and was not able to get out by 9 PM, 4 hours of hell. It happened that way because people who had attorneys with them were given special treatment and they were able to leave court well before others.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
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VenuK
06-16 02:10 PM
HI,
I recently went for stamping in Canada and they did ask me recent paystubs.
I woudl work for the new company , have some paystubs and then go to neighboring country to get the stamping done. But if the current visa on passport is valid for some more time, I dont think its really needed to get visa from latest company. To my knowledge u can always use old stamp to travel, as long as you have the latest aproval petition and you carry with you,I may be wrong if somehting changed recently,
Thanks,
Sri.
Hi Sri,
Thanks for your feedback.
The current/recent visa on my passport is expired in Dec 2007. but i have applied for H1-B extension in June 2007.
Thats why im so nervous about the whole situation.
fyi... I have all the pay stubs from my old company till May 2008.
Venu
I recently went for stamping in Canada and they did ask me recent paystubs.
I woudl work for the new company , have some paystubs and then go to neighboring country to get the stamping done. But if the current visa on passport is valid for some more time, I dont think its really needed to get visa from latest company. To my knowledge u can always use old stamp to travel, as long as you have the latest aproval petition and you carry with you,I may be wrong if somehting changed recently,
Thanks,
Sri.
Hi Sri,
Thanks for your feedback.
The current/recent visa on my passport is expired in Dec 2007. but i have applied for H1-B extension in June 2007.
Thats why im so nervous about the whole situation.
fyi... I have all the pay stubs from my old company till May 2008.
Venu
more...
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eb3retro
07-22 08:04 PM
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.
tattoo World#39;s Strongest Man 2010
a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
more...
pictures World#39;s Strongest Man
glus
11-06 09:06 AM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
dresses Uncontested strongest man in
MArch172008
05-24 03:02 AM
How much time it is taking for I140 processing ?
Is there any hope in near future for priority dates to be current?
regards
Is there any hope in near future for priority dates to be current?
regards
more...
makeup Strong Man
gccovet
05-22 07:42 AM
in early April..... before FP....
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
I really hope you get the GC, but I doubt it, just like others here.
LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.
GCCovet
girlfriend Story of a Strongest Man in
vandanaverdia
09-09 03:26 PM
With inspiration from the TX chapter thread "Simple Math"
Dear WA IV Members:
We have approx. 3 people representing WA attending the DC Rally. I am sure many of you fall in either of this categories:
a. Family reasons
b. Economic reasons
c. Work reasons
d. Ignorance - I don't care.
I honestly would love for those who fall under category D to look back and do some simple math:
I am sure most of you earn between $25 to $35 /hour, aka. An average of $30/hour (pre-tax). There are 176 paid work hours a month. Which puts you in the range ~ $60,000/yr (pre-tax).
Those of you waiting for a GC, have some sort of an agreement with your employer (verbal/written). Let's assume that your employer with some calculation makes adjustments to your pay, reasoning that they need to bear the expenses for lawyer fees, application fees etc.
That's approximately $2500 for a 3 yr H1B work visa. The employer obviously marks up this cost as a result your pay decreases to $55,000.
Lets ballpark ~$10,000 towards the following:
a. Attorney fees
b. Job Advertisement
c. PERM
d. 140
e. 485
f. Number of Hours spent by you to the make the above steps happen.
THE ABOVE ARE VERY CONSERVATIVE ESTIMATES.
Imagine what a GC would do to your paycheck! Your $55,000, with just a GC, would put you on par with everyone else for jobs in your field of expertise. Your pay scale has the potential to jump to $80,000/year (Conservative estimates).
Thats an increase of 45%.
The total cost you have so far spent in staying legal in order to work in a highly skilled job while waiting for your GC is:
$5,000 (6 yr H1B)+ $10,000 (I-485 pending) = $15,000
The total cost of your trip to Washington DC would be in the range of $400 (Including lodging expenses). This represents 3% of the total cost you have spent waiting for your GC.
Assuming that by attending the DC rally, the lawmakers take notice and a special legislation is passed to expedite GC applications and provide sweeping temporary status to those waiting for 485 adjustment of status which would give you the same privileges as a GC would give,
YOUR INVESTMENT OF 3% JUST GOT YOU A 45% INCREASE IN YOUR ANNUAL SALARY.
If that is not a reason for you to stand up now and help yourself to that return on your investment, either you are a bad investor, or related to the likes of Gates, Bezos and Buffet families.
YOUR ARE NOT WASTING YOUR TIME IN ATTENDING THIS RALLY. YOU ARE HELPING YOURSELF TO A BETTER LIFE. I CAN'T MAKE DECISIONS FOR YOU. I CAN ONLY HELP YOU UNDERSTAND THE POTENTIAL. YOU HAVE TO MAKE YOUR OWN DECISIONS FOR YOUR OWN LIFE.
The cost of attending this rally say 300-400 whatever but the Rally has the potential of eradicating the disease of Retrogression - IF WE ALL CAN SHOW STRENGTH IN NUMBERS. EAD+AP cost for 1 year is $644... For 6 yrs of wait you will be spending 3500-3600 or even more if the rates change in a retrogressed world PLUS other disadvantages/hassles that we already know.
Remember IV is just a platform with some LOGICAL and PRACTICAL agenda before Congress - if we do not stand up and show our heads NO ONE IS GOING TO LISTEN TO AGENDAS.
Come on folks - its our chance to save some hardearned money over the next few years by investing in the rally.
Lets all stand up at DC and show them numbers.
Please consider helping people who want to come but the expenses are prohibitive due to some pressing situation.
Enroll your name in one of the databases:
http://groups.yahoo.com/group/WA_Immigration_Voice/
Dear WA IV Members:
We have approx. 3 people representing WA attending the DC Rally. I am sure many of you fall in either of this categories:
a. Family reasons
b. Economic reasons
c. Work reasons
d. Ignorance - I don't care.
I honestly would love for those who fall under category D to look back and do some simple math:
I am sure most of you earn between $25 to $35 /hour, aka. An average of $30/hour (pre-tax). There are 176 paid work hours a month. Which puts you in the range ~ $60,000/yr (pre-tax).
Those of you waiting for a GC, have some sort of an agreement with your employer (verbal/written). Let's assume that your employer with some calculation makes adjustments to your pay, reasoning that they need to bear the expenses for lawyer fees, application fees etc.
That's approximately $2500 for a 3 yr H1B work visa. The employer obviously marks up this cost as a result your pay decreases to $55,000.
Lets ballpark ~$10,000 towards the following:
a. Attorney fees
b. Job Advertisement
c. PERM
d. 140
e. 485
f. Number of Hours spent by you to the make the above steps happen.
THE ABOVE ARE VERY CONSERVATIVE ESTIMATES.
Imagine what a GC would do to your paycheck! Your $55,000, with just a GC, would put you on par with everyone else for jobs in your field of expertise. Your pay scale has the potential to jump to $80,000/year (Conservative estimates).
Thats an increase of 45%.
The total cost you have so far spent in staying legal in order to work in a highly skilled job while waiting for your GC is:
$5,000 (6 yr H1B)+ $10,000 (I-485 pending) = $15,000
The total cost of your trip to Washington DC would be in the range of $400 (Including lodging expenses). This represents 3% of the total cost you have spent waiting for your GC.
Assuming that by attending the DC rally, the lawmakers take notice and a special legislation is passed to expedite GC applications and provide sweeping temporary status to those waiting for 485 adjustment of status which would give you the same privileges as a GC would give,
YOUR INVESTMENT OF 3% JUST GOT YOU A 45% INCREASE IN YOUR ANNUAL SALARY.
If that is not a reason for you to stand up now and help yourself to that return on your investment, either you are a bad investor, or related to the likes of Gates, Bezos and Buffet families.
YOUR ARE NOT WASTING YOUR TIME IN ATTENDING THIS RALLY. YOU ARE HELPING YOURSELF TO A BETTER LIFE. I CAN'T MAKE DECISIONS FOR YOU. I CAN ONLY HELP YOU UNDERSTAND THE POTENTIAL. YOU HAVE TO MAKE YOUR OWN DECISIONS FOR YOUR OWN LIFE.
The cost of attending this rally say 300-400 whatever but the Rally has the potential of eradicating the disease of Retrogression - IF WE ALL CAN SHOW STRENGTH IN NUMBERS. EAD+AP cost for 1 year is $644... For 6 yrs of wait you will be spending 3500-3600 or even more if the rates change in a retrogressed world PLUS other disadvantages/hassles that we already know.
Remember IV is just a platform with some LOGICAL and PRACTICAL agenda before Congress - if we do not stand up and show our heads NO ONE IS GOING TO LISTEN TO AGENDAS.
Come on folks - its our chance to save some hardearned money over the next few years by investing in the rally.
Lets all stand up at DC and show them numbers.
Please consider helping people who want to come but the expenses are prohibitive due to some pressing situation.
Enroll your name in one of the databases:
http://groups.yahoo.com/group/WA_Immigration_Voice/
hairstyles basketball wallpaper, The
GabonpharmD
04-16 12:00 PM
See my answers in red
Thank you so much for your details answers. Thank you!!!!!!!
I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.
Thank you so much for your details answers. Thank you!!!!!!!
I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.
perm2gc
07-02 11:21 PM
Thanks for your replies.
My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.
You cannot use EAD to bring your wife,you need an approved H1.
My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.
You cannot use EAD to bring your wife,you need an approved H1.
sunny1000
12-14 12:15 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
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